Chapter 2.08 — CITY MANAGER

Editor's note— Ord. No. 331, § 1, adopted September 9, 2009, repealed former Ch. 2.08, in its entirety, which pertained to the Administrative Officer and enacted provisions designated as a new Ch. 2.08 pertaining to the City Manager. See also the Code Comparative Table and Disposition List.

The office of the city manager is created and established. The city manager shall be appointed by the city council, by at least three affirmative votes, wholly on the basis of his administrative and executive ability and qualifications, and shall hold office for and during the pleasure of the city council.

(Ord. No. 331, § 1, 9-9-2009)

No member of the city council shall be eligible for appointment, as city manager until one year has elapsed after such councilmember has ceased to be a member of the city council.

(Ord. No. 331, § 1, 9-9-2009)

The city manager and acting city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council, and shall be conditioned upon the faithful performance of the duties imposed upon the city manager and acting city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city.

(Ord. No. 331, § 1, 9-9-2009)

During any temporary absence or disability of the city manager, the city manager by filing a written notice with the city clerk, shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability. In the event the city manager's absence or disability extends over a two-month period, the city council may, after the two-month period, appoint an acting city manager.

(Ord. No. 331, § 1, 9-9-2009)

The city manager shall receive such compensation, as the city council shall from time to time determine. In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

(Ord. No. 331, § 1, 9-9-2009; Ord. No. 371, § 1, 4-8-2015)

The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head, and not as a limitation thereof, it shall be his duty and he shall have the powers set forth in the following subsections:

A.

Law Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.

B.

Authority Over Employees. It shall be the duty of the city manager, and he shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his jurisdiction through their department heads.

C.

Power of Appointment and Removal. It shall be the duty of the city manager to, and he shall appoint, remove, promote and demote, subject to all applicable personnel ordinances, rules and regulations, any and all department officers of the city except the city treasurer (if applicable) , auditor, and city attorney but the city manager may make recommendations pertaining to these positions. Each departmental head shall employ, remove or discipline department employees. All personnel rules and policies in conflict are repealed.

D.

Administrative Reorganization of Offices. It shall be the duty and the responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions, or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city's business.

E.

Ordinances. It shall be the duty of the city manager and he shall recommend to the city council for adoption such measures and ordinances as he deems necessary.

F.

Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the city council unless, at his request, he is excused there from by the mayor individually or the city council, except when his removal is under consideration.

G.

Financial Reports. It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.

H.

Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval. The annual financial report and budget shall be supported by statements and computational schedules providing the basis for, support for and use of all reserve accounts and funds required, and as additionally may be established.

The budget shall make adequate provision for reserve accounts in each fund, or a special fund, for emergencies, uninsured losses, unfunded liabilities, pollution and adverse environmental conditions, depreciable fixed asset replacement, utility and enterprise facility perpetual replacement, and any other such reserves as the city manager might recommend and the city council approve.

I.

Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no expenditures are submitted or recommended to the city council except on approval of the city manager or his authorized representative. The city manager, or his authorized representative, shall be responsible for the purchase of all supplies for all the departments or divisions of the city.

J.

Investigations and Complaints. It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and of any contractor and the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government and in regard to the service maintained by public utilities in the city.

K.

Public Buildings. It shall be the duty of the city manager and he shall exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the city council.

L.

Additional Duties. It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the city council.

(Ord. No. 331, § 1, 9-9-2009)

A.

Council—Manager Relations. The city council and its members shall deal with the administrative service of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders or instructions to any subordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened

meeting of the city council and no individual councilman shall give any orders or instructions to the city manager.

B.

Departmental Cooperation. It shall be the duty of all subordinate officers as well as the city auditor, city treasurer, and city attorney to assist the city manager in administering the affairs of the city efficiently, economically, and harmoniously.

C.

Attendance at Commission Meetings. The city manager shall attend any and all meetings of the planning commission, parks and recreation commission, and any other commissions, boards or committees created by the city council, upon his own volition or upon direction of the city council. At such meetings which the city manager attends, he shall be heard by such commissions, boards or committees as to all matters upon which he wishes to address the members thereof, and he shall inform said members as to the status of any matter being considered by the city council, and he shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council.

(Ord. No. 331, § 1, 9-9-2009)

Editor's note— Ord. No. 371, § 2, adopted April 8, 2015, repealed § 2.08.080, which pertained to removal procedure and derived from Ord. No. 331, § 1, adopted Sept. 9, 2009.

Editor's note— Ord. No. 371, § 2, adopted April 8, 2015, repealed § 2.08.090, which pertained to removal procedure and derived from Ord. No. 331, § 1, adopted Sept. 9, 2009.